MALLAPPA Vs. BALAPPA

JUDGEMENT

(1.) The defendant in O.S. No. 157/2008 has preferred this Second Appeal assailing the judgment and decree dated 17.07.2015 passed in R.A. No. 2/2012 by the Senior Civil Judge and JMFC, Raibag, by which, the judgment and decree of the Principal Civil Judge & JMFC, Raibag in O.S. No. 157/2008 dated 09.12.2011 has been modified and the suit for specific performance filed by the respondent/plaintiff has been decreed.

(2.) For the sake of convenience, parties shall be referred to, in terms of their status before the trial Court.

(3.) The respondent/plaintiff filed a suit seeking relief of specific performance of agreement dated 26.04.2007. The said agreement pertained to agricultural land bearing R.S. No. 39/1A measuring 3 acres 15 guntas of Devapuratti village. According to the plaintiff, the defendant agreed to sell the suit land for a sum of Rs. 1,60,000/ - and executed a registered agreement on 26.04.2007. On that day itself he received advance sale consideration of Rs. 1,36,000/ -. The balance consideration of Rs. 24,000/ - was to be paid at the time of completion of sale transaction on or before 26.04.2008. It is the case of the plaintiff that he was ready to pay balance amount and requested the defendant to execute sale deed, but the defendant for one reason or the other postponed execution of the sale deed. That the plaintiff was every ready to perform his part of agreement dated 26.04.2007. But the defendant has failed to do so. Therefore, the plaintiff requested defendant several times to execute sale deed, but the defendant did not come forward to do so. Plaintiff got issued legal notice calling upon defendant to be present before the Sub -Registrar's Office, Raibag, on 26.4.2008 to execute sale deed by receiving balance consideration of Rs. 24,000/ -. But the defendant failed to accept notice and failed to perform his part of contract. Hence, plaintiff filed a suit seeking the relief of specific performance of contract dated 26.4.2007.